Ex parte FREUDENTHAL - Page 8




          Appeal No. 98-1530                                                          
          Application No. 08/492,590                                                  

               The second rejection of the three independent claims is                
          based upon Habern in view of Schenck.  The deficiencies in                  
          each of these references, individually, have been discussed                 
          above.  In this rejection, the examiner’s position is that, as              
          to the three independent claims, Habern discloses all of the                
          required subject matter except for specifying that the crane                
          is “a typical crane having a vertically swinging boom”                      
          (Answer, page 5).  The examiner also is of the view that                    
          Habern teaches maintaining a portion of the winch line in the               
          specified known orientation by virtue of the fact that the                  
          reference discloses a grooved guide (214) in Figure 13                      
          (Answer, page 5).  In our opinion, this rejection also is                   
          fatally defective.  The first reason for reaching this                      
          conclusion is that neither reference discloses means for                    
          measuring, in two mutually perpendicular directions, the                    
          components of a load attached to the sheave, a feature that is              
          required in all of the claims.  Second, even taking the                     
          examiner’s statements regarding the Habern chain guide means                
          at face value, we are not persuaded by the explanation offered              
          by the examiner on page 6 of the Answer that suggestion exists              
          for combining the references in the manner proposed or that,                

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